Thursday, September 28, 2023

Jokowi Signs Controversial Job Creation Law

Lenny Tristia Tambun & Anselmus Bata
November 3, 2020 | 4:00 pm
President Joko Widodo delivers a speech to clarify reports about the newly-adopted job creation law in Jakarta on Oct. 9, 2020. (Screenshot Photo)
President Joko Widodo delivers a speech to clarify reports about the newly-adopted job creation law in Jakarta on Oct. 9, 2020. (Screenshot Photo)

Jakarta. President Joko "Jokowi" Widodo has inked the controversial Job Creation Bill into law on Monday.

The head of state officially enacted the bill as the 2020 Law on Job Creation despite public opposition. The presidential spokesman Fadjroel Rachman confirmed the news of the law's enactment of which he finds important for the country's future.

"This Job Creation Law is for all Indonesian people and the future of Indonesia moving forward," Fadjroel said on Tuesday, as quoted by Jakarta Globe's sister publication Beritasatu.

According to the copy of the final document published by the State Secretariat, the law is promulgated by the Minister of  Law and Human Rights Yasonna Laoly. It is also recorded in the 2020 State Gazette No 245.


Several Errors

Jokowi signed the law just a few days ahead of the deadline. Even without his signature, the law would automatically take effect 30 days after the House of Representatives passed the bill on Oct. 5.

Meanwhile, Indonesia's Legal Care Advocacy Team has detected several errors on the Job Creation Law. The group's representative Jarot Maryono highlighted how the reference on Article 6 was missing on the recently enacted law.

"The enhancement of the investment ecosystem and business activities as stated in Article 5 clause (1) letter a," the Article 6 on Job Creation Law stated.

No clause, however, is stated underneath Article 5.

"This can cause legal uncertainty for the Indonesian people," Jarot said in his official statement.

On the 905-page version of the draft, there were two clauses underneath Article 5. These clauses were not included in the Job Creation Law.

Fellow group's representative Johan Imanuel also pointed out the law's text formatting does not abide by the Appendix II of the 2011 Law on the Making of Laws and Regulations.

"The lawmakers should take responsibility for the errors of the Job Creation Law. Since the beginning, it lacks principle of openness and enough public participation. The law should be revised according to the existing mechanism," Johan said.

How Many Pages Are There?

Multiple versions of the bill circulating has sparked public confusion on the total page count. 

Among them was the 1,208 pages long version which could be downloaded on the House's official website. The draft of the bill read on the plenary session on Oct. 5 only had 905 pages. There were also other versions circulating which comprised 1,052 pages and 1,035 pages.

On Oct. 14, the House's secretary general Indra Iskandar submitted a 812-pages long final draft to the government. The law finally ended with 1,187 pages after being reviewed by the State Secretariat.

According to the presidential expert staff Dini Purwono, there was no substantial change despite the different total page count. The additional pages resulted from the technical fixes like formating as well as the removal of Article 46 of the 2001 Law on Oil and Gas.

"It was only Article 46 which was removed from the Job Creation Law text," Dini said.

A copy of the final document is available for download on the State Secretariat official website. However, the public have found it difficult to access the download link.

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